PEOPLE v. MCGHEE (2023)

DECISION & ORDER

Appeal by the defendant from an order of the County Court, Suffolk County (Karen M. Wilutis, J.), dated November 17, 2022, which, after a hearing, designated him a level one sexually violent offender pursuant to Correction Law article 6–C.

ORDERED that the order is affirmed, without costs or disbursements.

The defendant is a former United States Navy Hospitalman Recruit who was stationed in San Antonio, Texas.  After military charges were brought against him, the defendant entered a plea of guilty to, inter alia, two counts of sexual abuse of a child in violation of article 120b of the Uniform Code of Military Justice (10 USC § 920b), two counts of sexual abuse of a child involving indecent conduct in violation of article 120b of the Uniform Code of Military Justice (10 USC § 920b), and attempt to commit a lewd act upon a child in violation of article 80/120b of the Uniform Code of Military Justice (10 USC §§ 880, 920b).  Upon establishing residence in New York, the defendant was required to register as a sex offender under the Sex Offender Registration Act (Correction Law art 6–C [hereinafter SORA];  see Correction Law §§ 168–a, 168–k).  After a hearing, the County Court designated the defendant a level one sexually violent offender.  The defendant appeals, challenging his designation as a sexually violent offender.

Contrary to the defendant's contention, Correction Law § 168–a(3)(b) “requires any person subject to SORA's foreign registration requirements to be designated a sexually violent offender regardless of whether the underlying offense is violent in nature” (People v. Talluto, 39 NY3d 306, 309;  People v. Ghotra, 212 AD3d 849, 849 [internal quotation marks omitted]).  Since the defendant did not contest that he was convicted of offenses under the Uniform Code of Military Justice, which would require him to register as a sex offender in that jurisdiction, the defendant was properly designated a sexually violent offender (see People v. Talluto, 39 NY3d at 309;  People v. Ghotra, 212 AD3d at 849).

The defendant's remaining contentions are unpreserved for appellate review.

DILLON, J.P., CHAMBERS, CHRISTOPHER and WARHIT, JJ., concur.